HOMICIDE INVESTIGATION

Homicide
It is the unlawful killing of any person and it is the generic term for killing.

Provisions of Revised Penal Code on Killing

A. Parricide (Article 246 of RPC)

Elements:
1. A person was killed.
2. Deceased killed by the accused.
3. Deceased is the father, mother or a child whether legitimate or illegitimate,
or a legitimate ascendant or descendant, or legal spouse of the accused.

B. Murder (Article 248 of RPC)

Elements:
1. A person was killed.
2. Not fall on the provisions of parricide.
3. With qualifying aggravating circumstances.

C. Homicide (Article 249 of RPC)

Elements:
1. A person was killed.
2. Killed without any justifying circumstances.
3. There is a presumption of intent to kill.
4. No qualifying circumstances of murder, parricide or infanticide.

D. Infanticide (Article 255 of RPC)

Elements:
1. A child was killed.
2. Deceased child was less than three days old.
3. Accused killed the said child.

General Consideration
 Death is the total cessation of life processes that eventually occurs in all
living organisms. In most cases of killing require an official inquiry into the actual
cause of death. The officer who is task to determine the cause of death is a
Forensic Pathologist. The following are signs of death:
a. Cessation of the heart function and circulation.
b. Cessation of respiration.
c. Cooling of the body.
d. Insensitivity of the body and loss of power to move.
e. Changes in the color and elasticity of the skin.
f. Changes in and about the eye.
g. Action of heat on the skin.
The real beginning of any homicide investigation should be to establish the
cause of death accurately. Even a thorough investigation by both the medico-legal
officer and the investigator will not always disclose the cause of death. Such
methods as forced in induced heart attack, feigned accidents, or burning have
been used to cover up the crime of murder. Therefore, in the conduct of such
investigation, the victim is the greatest source of information and/or evidence.
The deceased is unable to orally furnish investigative leads; it is up to the
investigator to analyze the circumstances surrounding the commission of the
crime.
In the course of conducting investigation, the prober faces three major
problems, namely:
a. When the body is moved.
b. When the body is embalmed.
c. When the body is buried or cremated.

Dying Declaration (Ante-mortem Statement)

It is a statement as to the cause of his/her death, made by a person who
has been physically injured at the hands of another, and who has given up all
hope of recovery and who subsequently dies of such injury. This statement is
accepted as competent evidence in court based on the assumption that
statements made by dying person in the apprehension of death are as
trustworthy as those made in open court under oath; however, dying
declarations made by those other than the victim of killing are inadmissible.

Estimating the time of death

1. Cooling of the Body (Algor Mortis)
 After death, the metabolic process inside the body ceases. No more heat is
produced but the body loses slowly its temperature by evaporation or by
conduction to the surrounding atmosphere. The rate of cooling of the body is not
uniform. It is rapid during the first two hours after death.
The normal temperature of a person is 98.4 F, however, after death has
o

taken place, the body temperature become the temperature of the surroundings.
If the body still feels warm, on areas such as underarm, it is an indication that
death has taken place within at last few hours. When the body feels cold and
clammy under conditions of an average room temperature is an indication that
death occurred at least eighteen to twenty-four hours.
Below is the simple formula in order to estimate how long a person has
been dead:

(Normal Temperature) – (Rectal temperature)

= Approximate Number of
Hours after Death
1.5
Postmortem Caloricity
It is the rise of temperature of the body after death due to rapid and
early putrefactive changes or some internal changes. It is usually observed in the
first two hours after death.

1. Postmortem Lividity (Livor Mortis)

It is the purplish discoloration of the body that occurs on those parts of the
body which are nearest to the floor. This discoloration is caused by the settling of
the blood by gravity in those areas. Under most conditions, this discoloration will
begin three to six hours after death.
The observation of postmortem lividity is an indication of whether the body
has been moved or disturbed after death.

1. Postmortem Rigidity (Rigor Mortis)

The whole body becomes rigid to the contraction of the muscles. This
develops three to six hours after death and may last from twenty-four to thirty-six
hours.

Cadaveric Spasm
 This is the instantaneous rigidity of the muscles, which occurs at the
moment of death due to extreme nervous tension, exhaustion and injury to the
nervous system or injury to the chest.

1. Stomach Contents
If stomach contents are present, it is possible for the medico-legal officer to
tell with reasonable accuracy of what the meal consisted. The stomach will
usually be empty in from four to six hours after the meal has been eaten. If the
small intestine is also empty, death probably took place twelve or more hours
after food was last eaten.

1. Presence of Insects
Flies and other similar insects is an indication of how the body has been
dead, since they are responsible in decomposing the dead body. Such insects lay
egg on human remains and through this the medico-legal officer can determine
the time lapsed after the death of the person because the maggots grow at
constant rate, their size and stage of development.
Death due to Gunshot Wounds
In order to intelligently investigate homicide involving the use of firearms,
the prober must be knowledgeable to ballistics and firearms identification.
Generally, entrance gunshot wounds are typical neat round holes with an
even gray ring around them and from which emerges comparatively small
quantities of blood. On the other hand, exit of gunshot wounds are much larger
than the bullet, are ragged, torn and generally the escape of blood is much
greater than the former.
There are some gunshot wounds do not possessed exit wound, and such
type of gunshot wound is called penetrating wound while the gunshot wound that
has entrance and exit is called perforating wound.
Meanwhile, a contact wound is when the muzzle the gun is held directly on
the skin and it has smudging and tattooing.

 Death due to Cut and Stab Wounds

 Death due to Asphyxia
 Death due to Drowning
 Death due to Burning
 Death due to Poisoning
Categories of Modes of Death
1. Accidental Death
2. Natural Death
3. Suicidal Death
4. Homicidal Death

Investigative Activities in Homicide Case

1. Record the crime scene through notes, photographs and sketches.
2. Recognize, collect and preserve all physical evidence and clue materials.
3. Identify the victim and other persons who witnessed the commission of the
crime.
4. Establish the cause and the manner of death of the victim.
5. Ascertain the motive of the suspects in committing the crime.
6. Seek additional information by interviewing people and by examining the
records of the victim.
7. Interrogate the suspect.

Common Motives of the Crime of Killing

1. Financial Gain
2. Sexual Gratification
3. Sex-connected homicides
4. Emotional Factors
5. Self-protection
 interrupted crimes
 eliminating eyewitness
 slaying potential informant
1. Removal of inconvenience and impediment
1. Motiveless Crimes
 stranger killing stranger
 mistaken identity

Determining Motives
1. Crime Scene – investigator must form a crime picture based of the crime
scene.
2. People – prober must conduct questioning to the friends and relatives of
the deceased.
3. Records – check the history and profile of the victim.
Crime Scene as the focused of the Investigation
1. Is this a homicide case? – Establish the elements of the crime through
physical evidence and other circumstances in the killing.
2. Who is the deceased? – Identity of the victim must be ascertained in order
to establish the motive of killing and probable suspect in the commission of
crime.
3. What is the motive? – It is through psychological profiling (estimate of what
kind of person could have committed the offense)
4. Is there physical evidence present? – Recognized all physical evidence
linked and associated the suspect.
5. What happened and how was the crime committed? – It is through
reconstruction of the crime scene. The purpose of which is to account the
different events during the commission of crime.

Victim’s Body as the focused of Investigation

1. Identity of the victim.
2. Cause and manner of death.
 Are there signs of struggle?
 Could the injuries have been self inflicted?
 What was the location of the weapon that inflicted the injury?
 Is there a suicide note?
1. Reconstructing the crime.
1. Time of the occurrence of death.
 When was the person seen alive?
 What are the flaws of witness?
 What are the exculpatory consequences in the commission of the
crime?
1. What occurred and how it occur?
 It is based on the injury received (trauma).

People as Source of Information

1. Family members, close associates, co-workers and social acquaintance.
They may help to suggest the motive of killing, naming the suspects and
describing the usual activities.
2. Neighborhood Canvassing
3. Utilization of Informants
4. Interrogation of Suspect
Value of Record in Homicide Investigation
1. Insight to motive.
2. Tracing ownership.
3. Previously recorded activities.
4. Follow-up action.

Cover-up Attempts
1. Accidental Means
 Vehicle
 Firearms
 Fire
 Poison
1. Explainable Means
 Simulated felony to account death
 Self-defense
1. Diversionary Means
 First person to report the crime
 Contrived alibi
 Ruse
1. Partial Cover-ups

Physical Evidence commonly found on Crime of Killing

1. Cadaver
2. Fatal weapon
3. Physical Injury
4. Wounds
5. Blood stains
6. Latent prints
7. Tool marks
8. Foot prints/tire prints

Missing Persons
1. Voluntary – missing person has created circumstances suggesting an
abduction, suicide or accidental deaths.
2. Involuntary – the missing person was abducted and is being held captive or
is, in fact, dead – the victim of summary execution.
Other Terms to Ponder
Asphyxia - is the general term applied to all forms of violent death which
result primarily from the interference with the process of respiration or the
condition in which the supply of oxygen to the blood or to the tissue or both has
been reduced below normal level.
Autopsy - is a comprehensive study of a dead body, performed by a trained
physician employing recognized dissection procedure and techniques. It includes
removal of the tissues for further examination.
Euthanasia – it is a deliberate and painless acceleration of death of a person
usually suffering from incurable and distressing disease.
Pathological autopsy – its is an autopsy done for the confirmation of clinical
findings of research and is done unofficially.
Postmortem Examination – it refers to an external examination of the dead
body without incision being made, although blood and other body fluids may be
collected for examination.
Putrefaction - it is the breaking down of the complex proteins into simpler
components associated of the evolution of foul smelling gasses and accompanied
by the change of color of the body.
Suicide – (self-destruction) it is usually the unfortunate consequences of
mental illness and social disorganization.

ROBBERY INVESTIGATION

Robbery
It is the taking of personal property belonging to another, with intent to
gain, by means of violence against, or intimidation of any person or using force
upon things.

Provisions of Revised Penal Code on Robbery

Two Types of Robbery

I. Robbery with violence or intimidation of person.

A. Article 293
Elements:
1. There must be a personal property belonging to another.
 2. Unlawful taking of that personal property.
3. With intent to gain. (animus lucrandi)
4. With violence or intimidation of any person or force upon things.

B. Article 294
Elements:
1. Homicide result.
2. Accompanied by rape or mutilation.
3. Serious physical injury was resulted.
4. The violence or intimidation is not necessary to the commission of the
crime.

C. Article 295
Elements:
1. Robbery with physical injuries
2. Committed in an uninhabited place and by a band
3. With the use of firearm on a street, road or alley

D. Article 296
Elements:
1. Band - when more than three armed malefactors take part in the
commission of a robbery.
2. When any of the arms used in the commission of the offense be an
unlicensed firearm, the penalty to be imposed upon all the malefactors
shall be the maximum of the corresponding penalty provided by law,
without prejudice of the criminal liability for illegal possession of such
unlicensed firearms.

E. Article 297
Element:
1. Attempted and frustrated robbery committed under certain circumstances.

II. Robbery by the use of force or force upon things.

 A. Article 299 - Robbery in an inhabited house or public building or edifice
devoted to worship
Elements:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise of public authority.
5. By the breaking of doors, wardrobes, chests, or any other kind of locked or
sealed furniture or receptacle;
6. By taking such furniture or objects to be broken or forced open outside the
place of the robbery.

B. Article 302 – Robbery in an uninhabited place or in a private building.

Elements:
1. If the entrance has been effected through any opening not intended for
entrance or egress.
2. If any wall, roof, floor or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys, picklocks or
other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle
has been broken.
5. If any closed or sealed receptacle, as mentioned in the preceding
paragraph, has been removed even if the same to broken open elsewhere.

Types of Robbers
1. Professional Robbers – they have long term commitment to crime as a
source of livelihood, planning and organizing crimes before committing
them and pursuing money to support a particular lifestyle.
2. Opportunist Robbers – they steal to obtain small amount of money to
vulnerable targets.
3. Drug Addict Robbers – those who steal to support their drug habit.
4. Alcoholic Robbers – those who have excessive consumption of alcohol.

Characteristics of Robbers
 1. Amateur intermittent robbers – they views themselves as lifetime robbers
and commits infrequent robbery offenses, often recklessly.
2. Specific-objective offender – they commit robbery beyond acquisition of
money.

Categories of Robbers
1. Armed Robbers – they used weapons in the commission of robbery.
2. Strong-arm Robbers – they used physical force in the commission of
robbery. 3 Sec. A end

Types of Robbery
1. Street Robbery – occurred in public streets, thoroughfares or other outdoor
localities that are not obstructed from public view.
2. Residential Robbery (burglary) – robbery of domicile of the victim.
3. Vehicle-related Robbery – Republic Act 6539
4. Commercial Robbery – profit-oriented operation such as bank and chain
stores.

Roles of Victims and Witnesses

1. probability of victimization
2. victims are not good witness because of stress involved but may help in the
identification of suspect
3. awareness of investigator in facial identification (artist sketch)

Profile of Robbery Suspects

1. Younger Suspects – operate near respective residential addresses with little
advance planning and maybe influence by alcohol or drugs.
2. More than one offender against single victim.
3. Professional Robbers – advanced planning and involve sums of money.

Modus Operandi Commonly Employed by Robbers

1. gaining entry/initial action/ craft and disguise and weapon
2. procedure inside the house/target/method
3. leaving the victim/building

Primary/Preliminary Consideration
1. Isolate the victim and witness and interview them separately.
2. Protect the crime scene as practicable.
3. Establish mode of operation.
First responders and fortuitous witness
1. Gather information to patrol officers and secondary witness.
2. Conduct group interviews after comparison of notes and results of
individual interviews.

Conducting the Investigation

1. Crime Scene – gather physical traces and clues.
2. Take good care and properly collect and process the evidence.

Some Physical Evidence of Robbery

1. foot prints/tire prints
2. fingerprints/latent prints
3. saliva and other body secretions
4. clothing and other fibers
5. if the suspect is arrested, it must link the commission of crime
6. weapon and tool marks
7. personal idiosyncrasies

Continuing Investigation
1. It begins when the investigator leaves the crime scene.
2. Tracing and gathering pertinent information about modus operandi and
gate away vehicle.
3. This focus on stolen property that was taken from the crime scene.

Other sources of information

1. arrest record
2. rogues gallery
3. government/non-government records

Neighborhood Canvass
1. surrounding the location of robbery
2. escape route of suspect
3. use of cartographic sketch in the community

Police Operation in the Pursuit of Robbers

1. Immediate pursuit
2. Alarms and notifications
3. Checkpoints
 4. Apprehension at the scene
 immobilized the gate away vehicle
 call for reinforcement
 secure the area
 pursue robbers
 take care of hostage
 employ tactical operations

Republic Act No. 6539 – Anti-carnapping law

Presidential Decree 532 – Highway Robbery
Presidential Decree 533 – Cattle Rustling

CARNAPPING INVESTIGATION

Carnapping
It is a taking, with intent to gain, of a motor vehicle belonging to another,
without the latter’s consent, or by means of violence against or intimidation of
person or by force upon things.

Motor Vehicle
It is any vehicle propelled by any other means, other than muscular power,
using the public highways but excepting rollers, trolley cars, street sweepers,
sprinklers, lawnmovers, bulldozers, graders, forklifts, amphibian trucks and
cranes, if not used on public highways. it is also include vehicle which run only on
trails or trucks, and tractors, trailers and traction engines of all kinds, used
exclusively for agricultural purposes. Trailer having any number of wheels, when
propelled or intended to be propelled by attachments to any other motor vehicle,
shall be classified as separate motor vehicles with no power rating.

Elements of Carnapping
1. unlawful taking
2. intent to gain
 3. motor vehicle belonging to another
4. lack of owner’s consent
5. use of violence against or intimidation of person, or force upon things

Motives of Carnapping
1. Joy Riding
2. Theft for resale
3. Transportation for other crimes
4. Stripping and chop-chop operations

Preliminary Investigation
1. Where was the vehicle last seen?
2. Who was the last person to use the vehicle?
3. Where the keys left in the ignition?
4. Was the vehicle left unlocked?
5. Is the victim arrear in payment?
6. Are other allowed to drive the vehicle?
7. Was the vehicle equipped with customized parts or accessories?

Investigative Traffic Stop

The patrol officer is one of the primary players in this early stage of
investigation. It includes checking and verifying the license plate and certificate of
registration.

Vehicle Identification Number (VIN)

It is the fingerprint of motor vehicle. It is the combination of 17 letters and
numbers that corresponds the number in different inseparable parts of a motor
vehicle.

The car's vehicle identification number (VIN) is the identifying code for a
SPECIFIC automobile. The VIN serves as the car's fingerprint, as no two vehicles in
operation have the same VIN. A VIN is composed of 17 characters (digits and
capital letters) that act as a unique identifier for the vehicle. A VIN displays the
car's unique features, specifications and manufacturer. The VIN can be used to
track recalls, registrations, warranty claims, thefts and insurance coverage

Disguising a Carnapped Motor Vehicle

 1. Salvage Switch System – it involves the carnappers purchasing a wrecked
motor vehicle that is unrepairable, strictly for its CoR, OR and the VIN.
2. Modified VIN Technique – the carnappers replaced the original VIN with a
phony one.
3. Bogus VIN – blank VIN tags are used.

Recognizing a Suspected Carnapped Vehicle

1. missing locks
2. vehicle parked away from the main flow of traffic
3. accumulation of dirt or old parking tickets
4. license plates or lack of license plates
5. missing license plate number or parts

Investigative Technique
1. It lies on patrol officer through observation
2. Recovery of stolen property.
3. Modus operandi.
4. Follow up investigation.

OTHER CRIMES AGAINST PROPERTY

A. Theft (Article 308 of RPC)

Elements:
1. There must be a personal property belonging to another.
2. Take personal property of another without the latter's consent.
3. With intent to gain but without violence against or intimidation of persons
or force upon things.
4. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner.
5. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by
him.
6. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its
owner, shall hunt or fish upon the same or shall gather cereals, or other
forest or farm products.
B. Qualified Theft (Article 310 of RPC)
Elements:
1. The offender is a domestic servant, or with grave abuse of confidence.
2. The property stolen is motor vehicle, mail matter or large cattle or consists
of coconuts taken from the premises of the plantation or fish taken from a
fishpond or fishery.
3. If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance.

C. Anti-fencing Law – Presidential Decree 1612

Elements:
1. With intent to gain for himself or for another.
2. Buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or buys and
sells, or in any other manner deal in.
3. Any article, item, object or anything of value.
4. Which he knows, or should be known to him, e) to have been derived from
the proceeds of the crime of robbery or theft.

Fence
It includes any person, firm, association, corporation or partnership, or
other organizations who/which commits the act of fencing.

Presumption of Fencing
Mere possession of any goods, article, item, object, or anything of value
which has been the subject of robbery or thievery is a PRIMA FACIE evidence of
fencing.

D. Cattle Rustling – Presidential Decree 533

Elements:
1. Taking away by any means, methods or scheme, without the consent of the
owner/raiser, of a large cattle whether or not for profit or gain, or whether
committed with or without violence against or intimidation of any person
or force upon things.
2. Killing of a large cattle, or taking its meat or hide without the consent of the
owner/raiser.

Presumption of Cattle Rustling

 FAILURE to exhibit or show the required PERMIT or CLEARANCE by any
person having in his possession, control or custody of large cattle is a PRIMA
FACIE EVIDENCE that the large cattle in his possession, control, or custody is the
fruit of the crime of cattle rustling.

E. Usurpation of Property (Article 312 of RPC)

Elements:
1. Any person who, by means of violence against or intimidation of persons,
shall take possession of any real property or shall usurp any real rights in
property belonging to another.

F. Estafa/Swindling (Article 315 of RPC)

Elements:
1. By altering the substance, quantity, or quality or anything of value which
the offender shall deliver by virtue of an obligation to do so, even though
such obligation be based on an immoral or illegal consideration.
2. By misappropriating or converting, to the prejudice of another, money,
goods, or any other personal property received by the offender in trust or
on commission, or for administration, or under any other obligation
involving the duty to make delivery of or to return the same, even though
such obligation be totally or partially guaranteed by a bond; or by denying
having received such money, goods, or other property.
3. By taking undue advantage of the signature of the offended party in blank,
and by writing any document above such signature in blank, to the
prejudice of the offended party or of any third person.
4. By using fictitious name, or falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions,
or by means of other similar deceits.
5. By altering the quality, fineness or weight of anything pertaining to his art
or business.
6. By pretending to have bribed any Government employee, without prejudice
to the action for calumny which the offended party may deem proper to
bring against the offender. In this case, the offender shall be punished by
the maximum period of the penalty.
7. By obtaining any food, refreshment or accommodation at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house and the like
 without paying therefore, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a
hotel, inn, restaurant, boarding house, lodging house or apartment house
after obtaining credit, food, refreshment or accommodation therein
without paying for his food, refreshment or accommodation.
8. By inducing another, by means of deceit, to sign any document.
9. By resorting to some fraudulent practice to insure success in a gambling
game.
10.By removing, concealing or destroying, in whole or in part, any court
record, office files, document or any other papers.

G. Anti-bouncing Check – Batas Pambansa Bilang 22

Elements:
1. Any person who makes or draws and issues any check to apply on account
or for value, knowing at the time of issue that he does not have sufficient
funds in or credit with the drawee bank for the payment of such check in
full upon its presentment;
2. Which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit; or
3. Would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment, and
4. Any person who, having sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check, shall fail to keep sufficient
funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing
thereon, for which reason it is dishonored by the drawee bank.

H. Malicious Mischief (Article 327 of RPC)

Elements:
1. Any person who shall deliberately cause the property of another.
 RAPE INVESTIGATION

Legal Consideration
Previously in RPC Rape is under crimes against chastity and later it becomes
under the crimes against person by the virtue of Republic Act 8353, otherwise
known as “The Anti-rape Law of 1997”. It provides that rape is committed:
1. By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a. through force, threat or intimidation;
b. when the offended party is deprived of reason or otherwise unconscious;
c. by means of fraudulent machination or grave abuse of authority; and
d. when the offended party is under 12 years of age.
1. By any person who, under any of the circumstances mentioned above
hereof, shall commit an act of sexual assault by inserting his penis into another
person’s mouth or anal orifice, or any instrument or object, into the genital and
orifice of another person.

Types of Rape
1. Forcible Rape – it is carried out against person’s will by the use of threat or
physical force.
2. Acquaintance Rape or Date Rape – person rapes a person he or she knows.
3. Marital Rape – rape of person’s spouse.
4. Statutory Rape – sexual intercourse with a person who has not reached the
age of consent.
5. Rape of Men – males are the victims of rape.

Offender Personality Type of Rapist

1. Power-reassurance Rapist – psychologically doubts his masculinity and
seeks to dispel his doubt by exercising power and control over women.
2. Power-assertive Rapist – asserts their masculinity and dominance over their
victim. They use rape as a form of symbolic power over women.
3. Anger-retaliatory Rapist – uses extreme anger to retaliate psychologically,
for real or imagined past wrongs associated with women. It is characterized
by attack and his motivation to punish or degrade the victim.
 4. Sadistic Rapist – inflict pain beyond that necessary to subdue the victim.
They are capable of achieving sexual gratification only through extreme
violence.
5. Opportunistic Rapist – rape is associated in the commission of other crimes.

Effects of Rape on Victims

1. Physical Injury
2. Distrustful of Men
3. Feeling of Shame
4. Humiliations
5. Loss of Privacy
6. Trauma Syndrome
7. Attitude Change
8. Mental Difficulties

Incidence of Rape
Rape cases remain underreported crime. Victims are hesitant to report
such crime because of insensitive and sometimes hostile treatment by law
enforcement personnel. Apart from that, there is no other witness in the crime
other than the victim herself.

Investigative Procedure in Cases of Rape

1. It requires maximum tact and professionalism.
2. Ascertain the report of rape.
3. Investigated by specialized women’s desk or investigator.

Interview of Victim
1. Attend to any first and needs that may be necessary.
2. Brief questioning during preliminary investigation.
3. Do not detail the sexual aspect of the crime.
4. Determine the mode of operation of the offender.
5. The answer of the following should reveal the following information:
 lack of consent
 amount of force
 sexual penetration
 extent and type of sexually deviant acts
 modus operandi of the suspect before and after the attack
 acquaintances with suspect and victim
  description of suspect
1. Rape victim should be interviewed in an area free from distractions.
1. Sympathize with the victim.
1. Offensive phrases must be avoided in the question.
1. Determine the offender’s level of experience:
a. Contact-suspect Method (contact/date rape) – tends to know the victim
through a casual or business relationship. Occur with a high frequency, although
reporting level is low.
b. Aggressive-suspect Method – do not know their victims, feel no remorse
and are far likely to high levels of force to accomplish the crime.
c. Fantasy-based Interview – acting as friendly counselor than a stern
investigator, the interviewer should motivate the suspect to discuss his fantasies
openly.

Medical Procedures
Rape victims should be transported to a hospital as soon as possible in
order to treat the victim for personal injury and collect evidence of investigative
significance. Although a rape victim cannot be forced to undergo medical
examination but the prober should explain the necessity and importance of the
procedure, stressing that is essential for the prosecution of the perpetrator. It
includes the following:
1. Apparent emotional status of the victim.
2. General appearance of the victim and her clothing.
3. Observation of external bodily signs of trauma.
4. Internal examination of bodily areas involved during the assault.
5. Seminal Fluid.
6. Cultures for determining possible venereal decease.
7. Fingernail scraping or blood and other traces.
8. General examination and collection of hairs, fibers and others.
9. Photograph to illustrate the physical trauma.

Medical Evidence in Rape

1. Evidence from the victim
a. Date, time and place of the alleged commission of rape
b. Date, time and place of the examination
c. Condition of the clothing
d. The physician must observe the gait, the facial expression and the bodily
and mental attitude of the subject
e. Physical and mental development of the victim
f. Examination of the body for signs of violence
g. Examination of the genitalia, including the breast
 pubic hair of the offender
 semen and spermatozoa
 blood stains
 body louse
1. Examination of the alleged offender
a. Physical development, mental condition and strength
b. Evidence of physical injuries
c. Condition of the sex organ
d. Evidence from the pubic hair
e. Potency of the offender
f. Evidence of genital infection
1. Examination from the companion of the victim

Evidence of Semen in Victim’s Body

Semen – it is a colorless tenacious fluid that contains minute organism
known as spermatozoa commonly called sperms. The spermatozoa die when the
semen dries but preserve their shape indefinitely if they are not destroyed in the
drying process.
In cases of rape committed against the virgin, evidence of tearing of the
tissues is usually so pronounced that there is no doubt about the act having
occurred. Finding spermatozoa in the vagina of a woman who is accustomed to
intercourse may or may not be evidence of sexual assault, depending largely upon
how long previously she has had intercourse. Very few reliable observations have
been made on the length of time that spermatozoa may be found on the vagina
of living woman after intercourse.
In cases of sexual homicide, a vaginal swab should always be taken at the
autopsy, because spermatozoa may be found in the vagina for a considerable
period after death. Seminal fluid can also be a good source of DNA that will link to
the suspect.
The following are the methods of examination of semen:
1. Gross examination – inspection by means of the naked eye or with the use
of the hand lens.
2. Micro-chemical examinations
a. Florence test – if positive, a group of crystals appears and dark brown in
color.
b. Berberio’s test – if positive, there is a needle like crystals with yellow in
color.
1. Biological examination
a. Precipitin test –to determine the semen is in human or not.

Evidence on the Victim and Suspect Clothing

Aside from the semen, fibers should also be noted. Clothing of the suspect
should be carefully examined for minute fibers of the victim’s clothing and vice
versa. The clothing of both the victim and the suspect should be further carefully
search for evidence of soil, grass fibers and other materials which may be peculiar
to the particular locality where the crime was committed.
The suspected pieces of clothing should be laid gently between two sheets
of cardboards or similar material, which are tied or taped together so that friction
is avoided.

Fingernail Scraping
Unless victim is unconscious or deprived of reason, the victim of sexual
assault usually offers resistance to the attack. In such cases, she will be scratched
and skin will be gouged out by fingernails of her attacker. Consequently,
important evidence can often be obtained by careful examination of the fingernail
scraping.
Likewise, the nail scraping of the victim should be carefully examined in the
laboratory as material may be obtained which definitely indicates the guilt of the
suspect. It is also a source of DNA.

Crime Scene Processing

1. Process without delay.
2. Record all evidence through photographs.
3. Photograph the appearance of the crime scene.
4. Search for transient evidence and preserve.
5. Properly pack evidence.
 clothing – undergarments and beddings that may reveal the presence of
semen, blood or hair.
1. Doors and windows may offer tracing clues such as tool marks, broken glass
and paint samples.

Search for Rape Suspect

1. Search for transient evidence present in the body of the suspect.
  Confiscate clothing for laboratory examination. The clothing description
furnish by the victim will generally indicate whether the offender has
changed clothing.
 Physical contact results in the exchange of hair, blood or fiber evidence.
1. May involve bite marks or fingernail scrapings on the victim, it must be
photograph and casted as the case maybe for comparison.
1. Interview/interrogate the suspect.

Characteristics of Serial Rapist

1. Do not wear disguise.
2. Attacks are planned.
3. May display weapon.
4. May blind their victims with materials found at the crime scene.
5. Often take personal item on the victim.
6. Sadistic Type – instrument used to torture the victim.

Other Terms to Ponder

Acts of Lasciviousness – it is committed upon any person of either sex
where the lascivious act was done by using force, depriving the offended party of
her reason or otherwise unconscious and when the victim is under 12 years of
age. (Article 336 of RPC)
Adultery – it is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal
knowledge of her, knowing her to be married, even if the marriage be
subsequently declared void.
Carnal Knowledge - is the act of the man in having sexual bodily connection
with a man. There is a carnal knowledge if there is a slightest penetration in the
sexual organ of the female by the sexual organ of the male.
Concubinage – any husband who shall keep a mistress in a conjugal
dwelling or shall have sexual intercourse, under scandalous circumstances, with a
woman not his wife, or shall cohabit with her in any other places.
Consented Abduction – it is committed when the offended party is a virgin,
over 12 but under 18, abducted with her consent and committed with lewd
design. (Article 343 of RPC)
Defloration – it is the laceration or rupture of the hymen as a result of
sexual intercourse.
 Forcible Abduction – it is committed when the person being kidnapped is a
woman, against her will, and committed with unchaste designs. (Article 342 of
RPC)
Qualified Seduction – it is committed when the offended party is a virgin,
must be over 12 but under 18 years old, done by the abuse of authority,
confidence or relationship; and with carnal knowledge. (Article 337 of RPC)
Simple Seduction – it is committed when the offended party is over 12 and
under 18 year old, single or widow with good reputation, with carnal knowledge
and committed with deceit. (Article 338 of RPC)
Virginity – it is a condition of a female who has not experienced sexual
intercourse and whose genital organs have not been altered by carnal connection.